INA 320 (CCA 2000) as of February 27, 2001, Required Evidence
Married, Divorced, Sole Surviving, or Unwed Parent Info:
The required evidence is dependent upon individual circumstances.
A child may be born in or out of wedlock, with the current spouse, prior spouse, "future spouse" or no spouse.
The basic evidence for any child is that child's greencard and birth cert. as well as the parent's proof of US Citizdenship: Parent's U.S. Birth Cert., Natz Cert., Cert. of Citizenship, or an unrestricted full validity U.S. Passport MAY be found acceptable but it is only prima facie evidence meaning that is only raises a "rebuttable presumption" of US Citizenship.
Variable evidence consists of the parents' marriage cert, the parents' divorce decree, a parent's death cert., the custody papers concerning the child (might be in divorce decree or seperate), evidence of legitimation by unwed father. The last five items ar all "if applicable.
Any subsequent marriage of either parent is irrelevant unless a child is legally adopted by the stepparent. If that is the case, include adoption papers. An adopted child is covered if meeting INA 101(b)(1)(E), (F), or (G).
If the required documents are already in the child's file, they need not be resubmitted with the N-600. If documents are in the parent's file, direct USCIS to that file. Whatever the case, state so in a cover letter.
NOTE: The parent's physical presence/residence info mentioned in the N-600 is for a child born abroad of someone who was already a USC at time of birth. For an LPR child who derives from a parent's naturalization it is not required. If there is any question as to the child actually residing with the USC parent, it may be necessary to show, school or medical records, passport etc..., regarding the child.
SPECIAL NOTE: You may NOT FILE an N-600 from outside the United States. You MAY NOT apply for a State Department FS-240, Consular Report of Birth Abroad of a Citizen of the United States, UNLESS a child is born abroad to at least one parent who is already a US Citizen, at the time of birth of the child. This INA section does not apply to that child.
INA Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .
Married, Divorced, Sole Surviving, or Unwed Parent Info:
The required evidence is dependent upon individual circumstances.
A child may be born in or out of wedlock, with the current spouse, prior spouse, "future spouse" or no spouse.
The basic evidence for any child is that child's greencard and birth cert. as well as the parent's proof of US Citizdenship: Parent's U.S. Birth Cert., Natz Cert., Cert. of Citizenship, or an unrestricted full validity U.S. Passport MAY be found acceptable but it is only prima facie evidence meaning that is only raises a "rebuttable presumption" of US Citizenship.
Variable evidence consists of the parents' marriage cert, the parents' divorce decree, a parent's death cert., the custody papers concerning the child (might be in divorce decree or seperate), evidence of legitimation by unwed father. The last five items ar all "if applicable.
Any subsequent marriage of either parent is irrelevant unless a child is legally adopted by the stepparent. If that is the case, include adoption papers. An adopted child is covered if meeting INA 101(b)(1)(E), (F), or (G).
If the required documents are already in the child's file, they need not be resubmitted with the N-600. If documents are in the parent's file, direct USCIS to that file. Whatever the case, state so in a cover letter.
NOTE: The parent's physical presence/residence info mentioned in the N-600 is for a child born abroad of someone who was already a USC at time of birth. For an LPR child who derives from a parent's naturalization it is not required. If there is any question as to the child actually residing with the USC parent, it may be necessary to show, school or medical records, passport etc..., regarding the child.
SPECIAL NOTE: You may NOT FILE an N-600 from outside the United States. You MAY NOT apply for a State Department FS-240, Consular Report of Birth Abroad of a Citizen of the United States, UNLESS a child is born abroad to at least one parent who is already a US Citizen, at the time of birth of the child. This INA section does not apply to that child.
INA Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .
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